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In a last-minute decision, a Lackawanna County judge on Friday ruled Jason Dominick and Neil Pal must be tried separately for the shooting death of Frank Bonacci.

The trial, which starts Monday, will still go on, but Mr. Dominick will stand alone. The trial for Mr. Pal will begin June 2, Judge Terrence Nealon ruled.

Mr. Pal and Mr. Dominick are charged with the July shooting death of Mr. Bonacci, of Dunmore, following an all-night drinking party. Prosecutors say Mr. Dominick was the triggerman, and that Mr. Pal assisted in the murder and cover up of the crime.

In his order, Judge Nealon said he was forced to separate the trials after receiving an “eleventh hour” motion by Mr. Dominick’s attorney, Bernard Brown, that sought to introduce evidence of prior “bad acts” committed by Mr. Pal, including that he once threatened Mr. Dominick with a gun and fired a gun at a woman.

Judge Nealon previously denied a motion filed by Mr. Pal’s attorney that sought to sever the trials. The judge based that ruling, in part, on his finding that all of the evidence to be presented was admissible against both defendants — a key issue in deciding whether separate trials are required.

In an 8-page opinion, Judge Nealon said he and prosecutors learned, for the first time, that Mr. Dominick plans to introduce Mr. Pal’s prior violent behavior involving guns to support his new defense in the case: that it was Mr. Pal, not him, who shot Mr. Bonacci inside his car.

The motion came as a surprise, the judge said, because he previously ordered attorneys for both men to file pre-trial motions like this by March 10. Mr. Brown did not file any motion seeking to introduce prior bad acts by Mr. Pal, therefore “neither the court nor counsel was led to believe that Dominick had any intention of introducing such evidence which could possibly furnish a basis of severing a joint trial.”

An emergency meeting was held with defense counsel and prosecutors on Friday. Mr. Brown did not provide any explanation for failing to file the motion sooner. Nonetheless, the judge said he was compelled to sever the trials because he previously ruled Mr. Pal’s bad acts could not be entered into evidence at his trial when the District Attorney’s office sought to do so.

Under state law, a defendant’s prior bad acts can be introduced to show a pattern of behavior if prosecutors can show the prior behavior is similar to the charges in the current case.

The district attorney’s office sought to introduce evidence Mr. Pal fired a shot at Emily Gilgallon and fired handgun through the dining room table of Maribeth Castaldi. Judge Nealon ruled those actions did not meet the “bad acts” legal standard and barred prosecutors from presenting the evidence against Mr. Pal.

Mr. Brown’s motion notified the court he plans to introduce the incident involving Ms. Gilgallon to support Mr. Dominick’s defense. Because Mr. Dominick claims Mr. Pal was the shooter, that evidence is admissible in Mr. Dominick’s trial. It remains inadmissible against Mr. Pal, however.

“As a result ... these matters can no longer be tried to verdict in a joint trial,” the judge wrote.

Judge Nealon’s ruling also notes Mr. Brown plans to introduce the report of an expert who determined the fatal shot could have been fired from either the driver’s seat or rear right side passenger seat of Mr. Bonacci’s vehicle. That would counter the prosecution’s theory that Mr. Dominick, seated in the rear passenger seat, shot Mr. Bonacci in the back of the head.

The judge did not indicate whether that new evidence played any role in his decision to sever the trials.

First Assistant District Attorney Gene Talerico,who is trying the case, declined comment Friday.

“Apparently the other defense attorney didn’t see it as such until just recently,” Mr. Walker said. “We saw this coming, but we couldn’t force another attorney to do the severance” motion.

Attempts to reach Mr. Brown Friday were unsuccessful.

Staff writer Michael Iorfino contributed to this story.

Contact the writer:tbesecker@timesshamrock.com

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